Adjustment of Status

A respondent who is determined to be removable in removal proceedings may request to adjust their status to lawful permanent resident. This relief may can be used by an individual who has no lawful status in the United States, but a visa is immediately available for them and they are eligible to adjust their status to that of a lawful permanent resident in the United States. This form of relief can also be used by a lawful permanent resident who is removable based on a deportable offense, but would be eligible to re-immigrate because a visa is immediately available for them and are eligible to re-adjust their status to become a lawful permanent resident again.

An applicant seeking adjustment of status still has the burden of proving that they are not inadmissible as defined in INA §212(a). If an applicant is inadmissible under one of the grounds listed in INA §212(a) (health, alien smuggling, criminal history) then their application for adjustment of status will be denied, unless they qualify for an inadmissibility waiver (e.g. INA §212(h), 212(i)).

The applicant bears the burden of establishing eligibility for adjustment of status and demonstrating that relief is merited in the exercise of discretion. The applicant must demonstrate that the positive factors outweigh adverse considerations.